사해행위취소
1. The contract to establish a right to collateral security concluded on January 19, 2016 between the Defendant and B regarding the real estate stated in the attached list.
1. Facts of recognition;
A. B is a representative of the intra-company director of the Co., Ltd. (hereinafter “Non-Party Company”), and the Defendant was appointed as an auditor of the non-party Company on November 7, 2013.
B. On August 29, 2014, the Plaintiff issued a credit guarantee certificate with the guarantee term fixed at KRW 90 million for the Non-Party Company on August 28, 2015 (which shall be extended to August 26, 2016), and the non-Party Company was loaned KRW 100 million from the Industrial Bank of Korea as security.
C. On August 22, 2016, the Plaintiff received the notification of a guarantee accident from the Industrial Bank of Korea, and subrogated for KRW 87,116,075 on November 4, 2016 upon the said bank’s request for the performance of guaranteed obligations.
Accordingly, the Plaintiff was issued a payment order with the Suwon District Court 2016j. 16386 to the effect that the Plaintiff jointly and severally paid KRW 88,086,582 to the Plaintiff and KRW 87,116,075 from November 4, 2016 to the service date of the original copy of the above payment order, and KRW 10% per annum from the next day to the full payment date, and KRW 15% per annum. The above payment order was finalized as of January 19, 2017 for the non-party company and December 14, 2016 for B.
E. On January 19, 2016, the Defendant concluded a mortgage contract with B with respect to the real estate listed in the separate sheet owned by B (hereinafter “instant real estate”), and completed the registration of establishment of a mortgage over the maximum debt amount of KRW 150 million (hereinafter “the registration of establishment of a mortgage”) with the Suwon District Court No. 5368, Jan. 19, 2016.
F. At the time of entering into the instant mortgage contract, B did not have any specific property other than the instant real estate at the market price of KRW 496 million, while the Bank of Korea, the National Health Insurance Corporation, the Gyeonggi Credit Guarantee Foundation, etc. bears the total amount of KRW 750 million, and thus was insolvent.
[Reasons for Recognition] There is no dispute, Gap evidence Nos. 1 through 17, and the head of Young-si in Suwon-si.